James Ingalls purchased the Indian Mountain Corporation (IMC) in August 2013 and began charging the Indian Mountain Metro District (IMMD) in Como for the sub-division’s water augmentation plan. IMMD did not agree with the charges and Ingalls took the sub-division to court.
In a decision rendered by District Court Judge Stephen A. Groome March 16, the judge sided with the defendants and ruled, “the court finds and concludes that the facts of this case ‘cry out’ for the court to impose the equitable remedy of a constructive trust.”
The ruling by Groome finds that “IMC received a benefit (proceeds from lot sales) from the purchasers of the lots, and that IMC would be unjustly enriched by charging ongoing fees forty (40) years later for use of the augmentation water.”
